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題名 | 藍鼎元《鹿洲公案》之自我表述=Self-expression of Lan Ding-Yuan in His Writing of "Lu-Zou Legal Cases" |
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作者 | 蔡娉婷; | 書刊名 | 親民學報 |
卷期 | 13 2007.07[民96.07] |
頁次 | 頁21-33 |
分類號 | 586.5 |
關鍵詞 | 藍鼎元; 鹿洲公案; 公案書寫; 自我表述; 文學治療; Lan-Ding-Yuan; Lu-Zou legal cases; Legal writing; Self-expression; Literature treatment; |
語文 | 中文(Chinese) |
中文摘要 | 中國自古以來司法審理的紀錄,若為刑律條文之屬,率皆由專責機構撰寫與擬定;若為通俗公案小說,則不免落入清官能吏以神判斷案、或者因襲俠義公案模式陳陳相因,不乏作者之踵事增華,難以與史實對應。然而《鹿洲公案》的撰寫完全為藍鼎元個人的判案實錄,不僅無《龍圖公案》鬼事太多,不足為訓的缺點,且自五代和凝父子的《疑獄集》以來,未有如藍鼎元如此親自搦管書寫的判案作品,此書係「夫子自道」的公案實錄價值,自不待言。且寫作時機正值為官被誣、革職下獄的時期,內心悲憤不已,誠然有「西伯居而演周易,仲尼戹而作春秋;屈原放逐、乃賦離騷,左丘失明,厥有國語」的鬱結,不僅在《鹿洲公案》行文裡可以約略見之,在《鹿洲初集》部分予友人的書信,亦頗有如太史公〈報任安書〉的舒憤之言。 藍鼎元的公案書寫,是一種自我表述的活動,藉由記憶的敘述與鋪寫,展開自我療程,以達自贖與自救的心靈安適,放在中國公案小說史的脈落之中,其主體性和自主性格外珍貴,呈現了公案書寫傳統中的紀實與記憶。因此本文欲從他篤實勤政、卻被誣陷的心路歷程出發,探討這段時間所書之《鹿洲公案》的寫作動機與敘事方法,以及他自明心跡的呈現方式。筆者認為在他條分屢析的夫子自道之中,隱含了傳統士人的敘事治療,通過這樣的敘事,在中國公案書寫傳統中標誌了獨特的意義,他無形中為獄訟文學樹立了一種不同以往的樣貌,且不見得有後繼之書。因此本文希能為藍鼎元的公案書寫找到其應有的價值定位與意義。 |
英文摘要 | Since time immemorial, documents of legal judgment in China has mostly been written by authorized officials other than the judges themselves. However, "Lu-Zhou Legal Cases" was written by Lan Ding-Yuan (his other name was Lu-Zhou) himself according to his memory of the real cases judged by him when he served as magistrate in Qing Dynasty. He wrote this book when he was in prison for false charges against him. This book was very different from those Chinese novels with legal matters as background, which often filled with unnecessary almighty judges, righteousness or ghosts, such as "Long-Tu Cases" (龍圖公案) and "Collection of Suspected Deaths" (疑獄集). In Chinese classic literature, this book was unique of its kind. Therefore, it is self-evident that it is valuable to study for understanding the real status of legal judgment in Chinese ancient time, and the purpose of his writing it. This paper emphasizes the latter. Of course, Lan Ding-Yuan was sad and angry and hurt for the false charges against him. This is revealed in the words throughout his book and in his letters to friends included in the beginning part of the book. However, as a man of self-esteem, he soon started to write his book according to his memory to describe the details of the cases he could, for self-relief and mental healing and to self-express himself as means of counteraction against the false charges. As a result, his writing kept not only the real accounts of the ancient Chinese trial cases, but also the process how a person in Chinese ancient time could self-heal with writing. In this study, the book was examined for his motivation of writing it and details of his mental status changes, starting from his self-statement of his working diligently and honestly, and then trough a series of trial cases and the judgments he made. The study concluded that "Lu-Zhou Legal Cases" is precious both in literature and in culture for reasons mentioned above. This kind of writing is very difficult to come by in the future because such environment as his would not appear again. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。